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This is an HTML version of an attachment to the Freedom of Information request 'Service Levels for EEA2 Applications'.

UK Border Agency

N W Region

2nd Floor, The Plaza

Old Hall Street

Liverpool

L3 9QJ

C Gillstrap

[email address]

(by email)

11 August 2009

Ref: 12439

Dear C Gillstrap

Thank you for your e-mail dated 14 July 2009 in which you ask for the following information:

  1. Percentage of applications decided within the service level as stipulated under section 1.9 of chapter 5 "Residence Card Applications"

  1. Number of applications from implementation of the Immigration (European Economic Area) Regulations 2006 that have been decided outside of the service level.

  1. Notes, minutes, e-mails and other such information in relation to changing policy for publishing processing times for applications under the remit of Immigration (European Economic Area) Regulations 2006.

  1. Notes, minutes, e-mails and other such policy papers stipulating the UKBA's plan of approach to achieve acceptable service levels as per the implementation of Immigration (European Economic Area) Regulations 2006.

  1. Number of cases and details of where the UKBA and Home Office has been exposed to damages or settled prior to an application to the court in instances where the UKBA have been negligent in applying Immigration (European Economic Area) Regulations 2006.

  1. Notes, minutes, e-mails and policy statements in relation to the permitting of applications under application EEA2 to have their identity documents returned to them during the processing of the EEA2 application since the implementation of Immigration (European Economic Area) Regulations 2006.

  1. Service level calculations (percentages acceptable) of applications under the EEA2 application where the application has requested that their identity documents are returned to them during the processing of the EEA2 application since the implementation of Immigration (European Economic Area) Regulations 2006.

  1. The complaints manual as defined in various casework documents as maintained by the UKBA.

  1. Number of applications where escalation to the EU Solvit network has been initiated due to applications falling outside of the service level as defined in section 1.9 of chapter 5 "Residence Card Applications" in European Casework Instructions.

  1. Number of applications where escalation to a UK or European Member of Parliament has been initiated due to applications falling outside of the service level as defined in section 1.9 of chapter 5 "Residence Card Applications" in European Casework Instructions.

Your request has been handled in accordance with the Freedom of Information Act 2000 as a request for information.

Under section 12 of the Freedom of Information Act, the Home Office is not obliged to comply with any information request where the prescribed costs of supplying you with the information exceed £600. The £600 limit applies to all central government departments and is based on work being carried out at a rate of £25 per hour, which equates to 3½ days work per request. Prescribed costs include those which cover the cost of locating and retrieving information, and preparing our response to you. They do not include considering whether any information is exempt from disclosure, overheads such as heating or lighting, or disbursements such as photocopying or postage.

I can confirm that in relation to questions 1-6 and 10, we do hold some information which you are interested in but have estimated that the cost of answering your request would exceed the £600 limit and we are therefore unable to comply with it. For instance, where you have requested copies of minutes from all meetings/e-mails regarding changes to the published process times on the UKBA website, for all meetings/e-mails stipulating the UKBA's plan of approach to achieve acceptable service levels. Such a request would require, where the information exists, many weeks of scrutiny of all team/unit minutes, to find relevant information that you have requested. Although your request would at present be too costly to answer, if you refine it so that it falls under the cost limit we will consider it further. For example, if you were to limit your request for statistical information to a particular year. It may also be of assistance to you if you were to consider if there is a more specific area of interest that you may have regarding the consideration of applications under the EEA regulations.

You should however be aware that if you break your request down into a series of smaller requests, we might, depending on the circumstances of the case, decline to answer if the aggregated cost of complying exceeds £600, as permitted by the Fees Regulations.

Even if a request were to fall below the £600 cost limit, the information you request might be withheld under the terms of substantive exemptions contained in part II of the Freedom of Information Act 2000. These exemptions could also make it necessary for us to extend the period for responding beyond the usual 20 working day target if they involve us having to consider the public interest balancing test.

In relation to question 7 I can confirm that after a thorough search, UKBA does not hold the information that you have requested. I can confirm that no records are held regarding the numbers of applicants requesting return of identity documents.

I can also confirm that UKBA does not hold the information requested for question 9 regarding the number of complaints escalated to SOLVIT. This information is held by an agency outside of UKBA.

For question 8 you have requested a copy of “the complaints manual”. Information regarding operational complaints and details regarding our Customer Charter can be accessed via the Home Office website (www.ukba.homeoffice.gov.ukxxxx).

If you are dissatisfied with this response you may request an independent internal review of our handling of your request. Internal review requests should be submitted within two months of the UK Border Agency sending a substantive reply to your original request and should be addressed to:

Head of Information Access Policy Team

(Freedom of Information)

11th floor - short corridor

Lunar House

40 Wellesley Road

Croydon

CR9 2BY

During the independent review the department's handling of your information request will be reassessed by staff who were not involved in providing you with this response. Should you remain dissatisfied after this internal review, you will have a right of complaint to the Information Commissioner as established by section 50 of the Freedom of Information Act.

I realise that this reply may be a disappointment to you, but I look forward to hearing from you again shortly should you wish to refine your request.

Yours sincerely

F Deans

Chief Caseworker

NW Region

UK Border Agency